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Railways and Transport Safety Act 2003

Section 9: Regulations

33.Section 9(1) gives the Secretary of State the power to make regulations about the way in which the RAIB is to conduct its investigations. Subsection (2) provides that those regulations can also make requirements about the RAIB reports.

34.Subsections (2)(d) and (2)(e) allow regulations to be made which could require the RAIB to ensure that its reports are not made public until any person or organisation whose reputation may be adversely affected by the report is given the opportunity to make representations on that draft report .

35.Subsection (4) would permit regulations to make provision on how and whether information held by the RAIB could be disclosed to third parties. It is expected for example, that the regulations will provide that no witness statement given to the RAIB may be disclosed to a third party (such as, but not limited to, the police or the Health and Safety Executive (HSE)) unless the witness himself releases it, or unless a court orders its disclosure.

36.Non-statutory provision will be made for prosecuting authorities to be given the details of those who have given statements to the RAIB.

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